Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 09:49 AM, 19 Jun 19

With respect to your query, the legal opinion is as under:- (1) Please note that a trademark can be registered in country or internationally., Kindly check in the register of the trademark in India or USA or Internationally if the questioned trademark is registered or not. (2) The prior user of a trademark is given preference irrespective of later registration. (3) You can also collect evidence with complete information as to who is the prior user. (4) Based on the result of aforesaid advise, you may proceed with the registration.Read More

Posted at 01:39 PM, 18 Jun 19 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 09:16 AM, 16 Jun 19

With respect to your query, the legal opinion is as under: (1) Non Disclosure Agreement is a contract through which parties to contract agree not to disclose information covered by the agreement, typically used to protect any type of confidential and proprietary information or trade secrets. The provision of Contract Act applies to NDA. (2) Trade secrets are protected without registration, that is, trade secrets are protected without any procedural formalities, Consequently, a trade secret can be protected for an unlimited period of time. (3) There are, however, some conditions for the information to be considered a trade secret. these conditions vary from country to country, some general standards exist which are referred to in Art. 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement):- (a) The information must be secret (i.e. it is not generally known among, or readily accessible to, circles that normally deal with the kind of information in question). (b) It must have commercial value because it is a secret. (c) It must have been subject to reasonable steps by the rightful holder of the information to keep it secret (e.g., through confidentiality agreements).Read More

Posted at 01:45 PM, 14 Jun 19 | 1 Answer

Team Legistify
Answered on 06:21 PM, 11 Feb 19

To get copyright registration for an artistic work relating to a public figure, a No Objection Certificate is required. You can hire an IPR lawyer in India to get an NOC from the PMO as the procedure can be a little tricky.  Under the Copyright Act, 1957, the following work can be copyrighted. Imaginative work including a canvas, a figure, a drawing (counting an outline, guide, graph or plan), an etching, a photo, a work of engineering or masterful craftsmanship, emotional work Scholarly work (counting PC programs, tables, arrangements and PC databases) Musical work (counting music and additionally graphical documentation) Sound recording Cinematograph film A Copyright registration application is filed along with copies of the work, after which a diary number is issued to the applicant. The Copyright registration application is kept open for the public to raise any objections for a period of 30 days. If no objection is received against the application, the Copyright Registrar registers the work. If any objections are raised, a reply can be sent to the Registrar. The Registrar can grant the Copyright or reject the application on the basis of reply to Copyright objection.Read More

Posted at 11:59 AM, 11 Feb 19 | 1 Answer

Team Legistify
Answered on 02:23 PM, 28 Sep 18

There are different IPRs that exist in the original creation of an artist or writer. A good IPR lawyer who has experience is dealing with IPR of literary work can help you in getting the work registered against unauthorised use or piracy in India. To protect the content of your wife's book your IPR attorney can file an application for Copyright. Getting a copyright for an original literary work grants the rights to use, produce and sell the copies of the work.  To protect the logo of your programme, your IPR advocate in India can file a Trademark application to get the mark, words or symbols used in the logo. A trademark would protect the logo from being used by anyone without authority or license. You can get your work's IPR registration done with the help of top IPR attorneys in India who have successfully dealt with IPR registration cases of literary work in India. Read More

Posted at 07:25 PM, 18 Feb 18 | 2 Answers

Team Legistify
Answered on 02:22 PM, 28 Sep 18

The issue in hand involves using the content of other websites without violating the Copyright laws. In this case, in order to legally use the required content from other websites, it is imperative to ask for permission from the owner and then save a copy of that permission where you can easily access it, in case there are any queries about it later. Moreover, Fair use of the required content, which is mentioned under Section 107 of the Copyright Act, should be upheld. Section 107 provide four factors for fair use which are: The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes. The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. The effect of the use upon the potential market for or value of the copyrighted work. Read More

Posted at 04:57 PM, 01 Nov 17 | 1 Answer

Team Legistify
Answered on 02:22 PM, 28 Sep 18

You can hire employees and can get your business idea copyrighted under your name. In India, the Copyright Office does not offer any comprehensive website registration service and every time on the website will be required to be registered separately and hence would require separate applications. This means that you cannot possess a blanket copyright over the entire website. But, over its various components. Copyright Registration and the grant of certificates are governed by the Copyright Act, 1957, and Copyright Rules 2013. The Copyright Office provides for an online mechanism to get your copyright registered and it has to be accompanied by a certain amount of fee. Read More

Posted at 07:22 AM, 21 Aug 17 | 1 Answer

Team Legistify
Answered on 02:22 PM, 28 Sep 18

Where to file an application for registration of copyright for a work? The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at 4th Floor Jeevan Deep Building , New Delhi- 110 001. The applications for registration of works can be filled at the counter provided at the Copyright Office from 2.30 P.M. to 4.30. P.M. from Monday to Friday. The applications are also accepted by post. On-line registration through “E-filing facility “ has been provided from 14th February 2014, which facilitates the applicants to file applications at the time and place chosen by them. Procedure Application for registration is to be made on https://www.legistify.com/consul...] The fee is either in the form of Demand Draft,Indian Postal Order favoring "Registrar Of Copyright Payable At New Delhi" or through E payment Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically. Fee for Registration: Please go to the link www.copyright.gov.in In case the Application is Rejected As per the Principles of Natural Justice' (i.e audi altram paltram) no one can be punished without being heard. As per the rule 27 of the Copyright Rules, 1958 no application is rejected without giving an opportunity to be heard. The applicant himself or his/her pleader may appear in the hearing. As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Copyright Board. For Consultation visit us at https://www.legistify.com/consul... Read More

Posted at 08:20 PM, 20 Jul 17 | 1 Answer

Team Legistify
Answered on 02:22 PM, 28 Sep 18

News aggregation typically includes a hyperlinked headline, a citation to the original source and brief description of content. You must ensure that the content you use in your Site is not using any content which is Copyrighted &  make sure that the users are redirected to source websites. Read More

Posted at 06:18 PM, 28 Jun 17 | 1 Answer

Team Legistify
Answered on 02:22 PM, 28 Sep 18

This depends on what type of work you are writing or putting on your company website, how you are using the borrowed material, and the expectations of your instructor. First, you have to think about how you want to identify your sources. If your sources are very important to your ideas, you should mention the author and work in a sentence that introduces your citation. If, however, you are only citing the source to make a minor point, you may consider using parenthetical references, footnotes, or endnotes. Everything Printed or Published is Copyrighted Everything printed, published, recorded, or “fixed” in a permanent form is copyrighted. That’s the international law and standards, simplified. This applies to words, photographs, graphics, images, audio, and other visual media. This doesn’t mean that you can’t copy and use the content. It does mean you can use it under certain restrictions and guidelines. Here are some tips for dealing with potential copyright protected content when converting from a newsletter to a blog. Free-to-Use: Free-to-Use typically means that while you are free to use this however you want, it may not mean you can just do whatever you want with the content. There may or may not be conditions on that use such as private and personal use, not commercial, not on sites with ads, not for resale, and must include link credit back to the source. Check the copyright policy or ask to determine what conditions they have on “free-to-use”. Buy-to-Use: Content, including photographs, can be purchased for use, but what are the conditions of that purchase and use? Does it mean one time only in a specific usage? Or repeated usage in any way, shape, or form for as long as you both shall live? Find out the fine print before you buy so you use it properly, as a purchase agreement can be interpreted as a contract. Which Usage Permitted? How is the content meant to be used? Is it only for print, within newsletters, or can it be published on the web as well? Some content may have restrictions on how and where you can use it. Just because you got permission to use it in a newsletter does not mean the content has permission to be published on the web. If You Can’t Use It, Can You Link to It? If you cannot use the full content, you do have other options if you want to still point readers and members to the source. Under Copyright Fair Use guides, you may “quote” from a small portion of the content with a link citing the original source. This is commonly called “block quoting”. Or, you can describe the content and include a link to direct readers to the source. Copy-cat Plagiarism: On the web, as in real life, copy-cats, copiers, and plagiarist are not welcome. Plagiarists caught after the fact tend to reflect poorly on the entire parent organization, not just on the plagiarist. Don’t risk it. Yes, it meant that all those cute cartoons, comics, graphics of working women, children, cats, and dogs, all had to be checked to see if they could be used on the web. Tedious, but if they wanted to use them, they had to check. Otherwise, they could not be used on their new blog. Getting Permission to Publish Content on the Web For this particular association, the non-original content on their newsletter came from a wide variety of resources. Flyers and brochures found at conferences, conventions, classes, and business training offices, online sources, books of all ages, and from other newsletter sources. Online content can be easy to search for to find their copyright policy. It may say yes. Printed material, however, may involve looking for a policy statement in their copyright notice, or calling or email them for permission. The same applies to schools and training offices which provide educational material. One such pamphlet the newsletter editor typed up and posted in their newsletter came from a training office. “They were handing them out free, so why can’t I publish this?” Just because you picked it up for free doesn’t mean you have the right to publish the material. You have to have permission. If you cannot get permission, then you have these options: 1. Don’t publish it. 2. Use a small quote or reference and give them credit. Do not use the whole thing. 3. Rewrite the whole thing in your words, citing them as your “inspiration” and source of material. Don’t just change the words. Write it as if it was new from the start. Read More

Posted at 01:00 AM, 31 May 17 | 1 Answer

Team Legistify
Answered on 02:22 PM, 28 Sep 18

Dear Client First of all, copyright is not given on news, facts in the face of law, it may be given on the way of expressing the news. Since you are changing the headlines and content, you are not violating the copyright of publishers. Read More

Posted at 10:40 AM, 12 Apr 17 | 1 Answer